Article

Customary international humanitarian law : an interpretation on behalf of the International Committee of the Red Cross

by George H Aldrich ; with a comment by Jean-Marie Henckaerts

• British year book of international law, 76, 2006, p. 503-532

English

The author discusses a study prepared by the members of the ICRC, Customary International Humanitarian Law, comprised of two volumes which respectively focus on rules and practice. The work is based largely on the Additional Protocols of 1977 and the Geneva Conventions of 1949. The author notes that, although IHL has been substantially codified, it is necessary to understand customary international law because some nations are not parties to Additional Protocol I. After briefly discussing the development of IHL, the author analyses the ICRC study and critiques a number of the rules it outlines. For each rule critiqued he explores the Protocols or Conventions upon which the rule is based, and argues that some of the rules as stated do not in fact accord with the laws. The author focuses his analysis on the following issues: distinguishing civilian persons and objects from combatants and military objectives; precautionary measures; protected zones; special protection for dams, dikes, and nuclear power stations; protection of the natural environment; specific methods of warfare; and weapons. Despite his reservations about the accuracy of the ICRC study, he finds it to be a “monumental work,” and emphasizes that Volume 2, with its background materials, is especially useful. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]

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